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ARCHIVED - Broadcasting Decision CRTC 2010-772

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Application 2010-0063-7, received 19 January 2010 Public Hearing in the National Capital Region 19 July 2010

MmmTV – Category 2 specialty service

The Commission approves an application for a broadcasting licence to operate a new Category 2 specialty service.

The application

1. 7262591 Canada Limited (7262591 Canada) filed an application for a broadcasting licence to provide MmmTV, a national, English‑language Category 2 specialty programming undertaking devoted to programming on luxury, from vacations and leisure activities to home furnishings and fashion. The Commission did not receive any interventions in connection with this application.

2. 7262591 Canada is a corporation wholly-owned and controlled by Christopher Knight.

3. The applicant proposed to draw programming for the proposed service from the following program categories set out in item 6 of Schedule I to the Specialty Services Regulations, 1990, as amended from time to time: 2(a), 2(b), 3, 5(b), 7(a), 7(b), 7(c), 7(d), 10, 11, 12, 13 and 14.

4. In order to assure that the proposed service would not be directly competitive with existing Category 1 or analog or pay specialty services, the applicant agreed to accept the following conditions of licence:

No more than 10% of all programming broadcast during the broadcast week shall be drawn from categories 7(a), 7(b), 7(c) and 7(d) combined.

No more than 25% of all programming broadcast during the broadcast week shall be from any one programming genre (e.g. health, fashion, travel).

Commission’s determination

5. The Commission is satisfied that the application complies with the frameworks set out in Public Notice 2000‑6 and Broadcasting Public Notice 2008-100, with the approaches set out in Broadcasting Public Notices 2003-61 and 2006-74, and with all applicable terms and conditions set out in Public Notice 2000‑171‑1. Accordingly, the Commission approves the application by 7262591 Canada Limited for a broadcasting licence to operate the national, English‑language Category 2 specialty programming undertaking MmmTV. The terms and conditions of licence are set out in the appendix to this decision.

Reminder

6. The Commission reminds the applicant that distribution of this service is subject to the applicable distribution rules set out in Broadcasting Public Notice 2008‑100.

Appendix to Broadcasting Decision CRTC 2010-772

Terms

A licence will be issued once the applicant has satisfied the Commission, with supporting documentation, that the following requirements have been met:

the applicant has entered into a distribution agreement with at least one licensed distributor; and

the applicant has informed the Commission in writing that it is prepared to commence operations. The undertaking must be operational at the earliest possible date and in any event no later than 36 months from the date of this decision, unless a request for an extension of time is approved by the Commission before 19 October 2013. In order to ensure that such a request is processed in a timely manner, it should be submitted at least 60 days before that date.

The licence will expire 31 August 2017.

Conditions of licence

1. The licence will be subject to the conditions set out in Introductory statement – Licensing of new digital pay and specialty services– Corrected Appendix 2, Public Notice CRTC 2000‑171‑1, 6 March 2001.

2. The licensee will be subject to the conditions set out in Implementation of the Accessibility Policy with respect to Category 2 pay and specialty services, Broadcasting Regulatory Policy CRTC 2010‑355, 8 June 2010.

3. The licensee shall provide a national, English‑language Category 2 specialty programming service devoted to luxury, from vacations and leisure activities to home furnishings and fashion.

4. The programming shall be drawn exclusively from the following program categories set out in item 6 of Schedule I to the Specialty Services Regulations, 1990, as amended from time to time:

5. No more than 10% of all programming broadcast during the broadcast week shall be drawn from categories 7(a), 7(b), 7(c) and 7(d) combined.

6. No more than 25% of all programming broadcast during the broadcast week shall be from any one programming genre (e.g. health, fashion, travel).

7. In order to ensure that the licensee complies at all times with the Direction to the CRTC (Ineligibility of non-Canadians), P.C. 1997‑486, 8 April 1997, as amended by P.C. 1998‑1268, 15 July 1998, the licensee shall file, for the Commission’s prior review, a copy of any programming supply agreement and/or licence trademark agreement it intends to enter into with a non‑Canadian party.

8. The licensee is authorized to make available for distribution a version of its service in high definition (HD) format, provided that not less than 95% of the video and audio components of the upgraded and standard definition versions of the service are the same, exclusive of commercial messages and of any part of the service carried on a subsidiary signal. Further, all of the programming making up the 5% allowance shall be provided in HD.

For the purposes of the conditions of this licence, including condition of licence 1, broadcast day means the period of up to 18 consecutive hours, beginning each day not earlier than six o’clock in the morning and ending not later than one o’clock in the morning of the following day, as selected by the licensee, or any other period approved by the Commission.